Yes, child neglect can be charged as a crime in Maryland. Most are aware that child neglect will certainly bring action from Maryland’s child protective and family services. Many know that if there is no legitimate excuse or explanation, child neglect will cause parents to lose their parental rights. However, in addition to those consequences, child neglect could land a parent in jail. If you have been arrested and charged with child neglect, call the Law Office of Robert Castro at (301) 870-1200 or use our contact page. We are St. Mary’s County, MD, criminal defense lawyers with offices in Waldorf, Maryland.

In Maryland, the crime of child neglect is governed by Md. Crim. Code, § 3-602.1 (officially called “Neglect of a Minor”). You cannot be charged with child neglect unless you fit one of these definitions:

• You are a family member related by blood, adoption, or marriage to the child in question or
• You are a household member, defined as a person living with the minor or who is regularly present in the minor’s home or 
• You are an individual with permanent or temporary custody, care, or responsibility for supervising the minor

If you are one of these persons, the law states that you cannot “neglect” the minor. If convicted of neglecting the minor, the defendant faces a misdemeanor conviction with up to five years in prison and/or a fine of up to $5,000.

To prove the crime, the Maryland State prosecuting attorneys must prove the following (in addition to the fact that the person falls into one or more of the above categories):

• Intentional
• Failure to provide the minor with the necessary resources or assistance for the minor’s physical needs or mental health 
• That puts the victim at serious risk of harm to the victim’s physical health or puts the victim at serious risk of mental injury

Note that the crime does not require that the minor actually suffer physical or mental harm, only that the more is at “serious risk.”

Possible Criminal Defenses

Section 3-602.1(a)(5) provides one of the best defenses to a criminal charge of child neglect. That section states that the word “neglect” “…. does not include a failure to provide necessary resources or care resulting from a lack of financial resources or as a result of homelessness.” To be precise, this is not a “defense” but removes these situations from the definition of the crime. In any event, this means that if the defendant was homeless or did not have sufficient financial resources to provide full care for the child, then there can be no conviction. Note that this statutory exception is a method of defeating the “intent” element of the crime. Put another way, the statute essentially says that a defendant does not intend to commit child neglect if the defendant is homeless or lacks financial resources. Notably, the words “lack of financial resources” are very broad and somewhat vague. So, it may not be too difficult to convince a jury that the defense is valid if the case even comes before a jury.

Contact Waldorf, Maryland Criminal Defense Lawyer Robert Castro Today

This article has been provided by the Law Office of Robert Castro. For more information or questions, contact our office to speak to an experienced Maryland criminal defense lawyer at (301) 870-1200. We are Waldorf, MD, Criminal Defense lawyers. Our address is 2670 Crain Highway, Waldorf, MD 20601.